Chapter 17.116
APPEAL PROCEDURE
Sections:
17.116.010 General provisions.
17.116.010 General provisions.
A. Any decision on an administrative action, Type II, Type III, or Type IV application made by the administrative official, zoning board of adjustment, or planning commission or city council, may be appealed by applicants or parties of record as follows:
1. A Type II administrative action not SEPA exempt may be appealed within 14 calendar days of decision to the planning commission for a recommendation to city council.
2. Type II decisions, which are SEPA exempt, may be appealed within 14 calendar days of issuance of the notice of decision to the zoning board of adjustment.
3. Type III conditional use permit and variance decisions may be appealed within 10 calendar days of the notice of decision to the Stevens County superior court.
4. Type IV decisions may be appealed within 21 calendar days of issuance of the notice of decision to the city council or Stevens County superior court.
5. Type V decisions may be appealed within 60 days following publication of the notice of decision to the Growth Management Hearings Board, or in accordance with state law.
B. Upon receipt of an appeal, the administrator shall schedule a hearing with the appropriate review authority. The hearing date shall be within 60 days for a closed record appeal and within 90 days for an open record appeal from the receipt of the appeal. (Ord. 1352 NS § 7, 2005; Ord. 1324 NS § 16, 2004; Ord. 1160 NS § 1, 1997).
17.116.020 Filing.
A. An appeal shall contain the following:
1. The decision being appealed;
2. The name and address of the appellant;
3. The property affected by the appeal, including street address and assessor’s property number;
4. The specific reasons for the appeal (the appellant shall bear the burden of proving why the decision is inappropriate); and
5. The desired outcome or changes to the decision.
B. The appeal fee shall be paid by the appellant in accordance with the fee schedule adopted by the city council. (Ord. 1324 NS § 16, 2004; Ord. 1160 NS § 1, 1997).
17.116.030 Judicial appeal.
A. Appeals from the final decision of the zoning board of adjustment or city council for which other appeals specifically authorized have been timely exhausted shall be made to the Stevens County superior court within 10 days of the date of publication of the notice of decision for conditional use permits and variances and within 21 days for Type IV decisions, unless another time period is established by state law or local ordinance. No person having actual prior notice of the proceedings of the zoning board of adjustment or the city council hearings shall have standing to challenge the final action unless such person was a party of record at the final hearing.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be served to the administrative official. (Ord. 1352 NS § 8, 2005; Ord. 1324 NS § 16, 2004; Ord. 1160 NS § 1, 1997).